'The United States calls Lieutenant Sindh.'
A few minutes later, the swearing in and identification completed, Wilkes stood before Lieutenant Sindh, eyeing her intently. 'Lieutenant, you were officer of the deck during the encounter with the SASAL ship. During that incident, was Captain Wakeman in control of himself and the situation?'
'Objection. The question calls for the witness to state an opinion.'
'I'll rephrase the question. Lieutenant Sindh, did the actions of Captain Wakeman during the incident inspire confidence in you?'
'No, sir.'
'Did you have the sense that Captain Wakeman was in control, or did you believe he was reacting to events?'
'At first he was in control of things, sir. Then it seemed to shift and nobody knew how to react.'
'Nobody? Or just Captain Wakeman?'
'Objection. Opinion.'
'I'll rephrase. During the period preceding firing upon the SASAL ship, that is during the last few hours prior to that, did Captain Wakeman express any misgivings or concerns that you are aware of?'
'Just about the SASAL ship maybe getting away, sir.'
'Did he express any concern on the bridge about the SASAL ship being a potential threat to the Michaelson?'
'No, sir, not until after the ship changed course toward us.'
'Lieutenant Sindh, as the officer of the deck during a general quarters situation, you are briefed on any plans to deal with enemy action or respond to any crisis. Isn't that correct?'
'Yes, sir.'
'We're you briefed on any plans to react to movements of the SASAL ship?'
'No, sir.'
'To the best of your knowledge, were there any plans for dealing with the SASAL ship if it did not cooperate with Captain Wakeman's instructions?'
'I wasn't told of any such plans, no, sir.'
'Then, again to the best of your knowledge, would it be fair to say that Captain Wakeman had brought his ship into a confrontation with another vessel without any plans for handling that confrontation?'
'Yes, sir, I'd have to say that matches with what I know.'
'And once that confrontation began proceeding in a manner Captain Wakeman did not anticipate, did he display any sign of having a plan of action prepared, of having thought through what might happen and how he would respond to it?'
'No, sir. My impression was that we were reacting to the actions of the SASAL ship.'
'You were reacting to the actions of the other ship without any plan for dealing with those actions. Would you say then that Captain was in control of the situation, or not?'
'He wasn't in control of the situation, sir. We were reacting. Since the SASAL ship wouldn't-'
'Did you receive any orders from Captain Wakeman to maneuver the USS Michaelson during the incident?'
'No, sir.'
Did you hear Commander Garcia recommending such maneuvers?'
'Yes, sir.'
'In your experience, what is the proper course of action to take if another ship is on a course which threatens a collision with your own?'
Lieutenant Sindh took a moment to reply, apparently organizing her thoughts. 'Well, the first thing you do is try to talk to the other ship.'
'Why, Lieutenant?'
'To make sure that any actions you take, any maneuvers, are coordinated. Otherwise you might both turn away onto the same vector and end up still colliding.'
'Did Captain Wakeman attempt to coordinate maneuvers with the SASAL ship?'
'He told our own communications people to tell the SASAL ship to veer off, sir.'
'He told the SASAL ship? The same ship that hadn't responded to any earlier communications?'
'Uh, yes, sir.'
'Is telling another ship what to do, a ship you can't be sure is receiving your communications, the same as what you called coordinating maneuvers?'
'No, sir.'
'As an experienced officer of the deck, what course of action would you normally follow if another ship was on a near collision course and had not communicated with you in any way?'
'I'd maneuver to open my CPA, sir.'
'CPA?'
'I'm sorry, sir. Closest point of approach. I'd maneuver to try to put more distance between my ship and the path of the other ship.'
'But Captain Wakeman didn't order that, did he?'
'No, sir.'
'What would you expect to happen to you, as an officer of the deck, if you were in such a situation and failed to maneuver? If you simply maintained your own course and speed while the other ship came closer and closer?'
Lieutenant Sindh looked at Wilkes for a moment before replying. 'I'd expect to be relieved, sir. Removed from my station as officer of the deck.'
'Because you'd failed in your duties?'
'Yes, sir.'
'But Captain Wakeman, who had control of the bridge at that point, never ordered any maneuvers.'
'No, sir.'
'Thank you, Lieutenant. No further questions.'
Lieutenant Commander Garrity took Wilkes' place before the witness stand. 'Lieutenant Sindh, in response to a question from the trial counsel on being in control of the situation, you were saying something about what the SASAL ship wouldn't do, and didn't get to finish. Would you like to finish what you were saying a moment ago?'
'Yes, ma'am. I was saying that since the SASAL ship refused to respond to any communications and was maneuvering around us, we didn't have any choice but to react to its actions.'
'Did you anticipate the SASAL ship behaving in that fashion? Had you formed any plans yourself about what to do if the other ship refused to communicate and maneuvered aggressively?'
'Objection. It has not been established that the maneuvers of the other ship were 'aggressive.''
'I will rephrase. Had you conceived of the SASAL ship behaving in the manner it did, and for dealing with that behavior?'
'No, ma'am. Nobody expected them to act that way.'
'Would you characterize their behavior as unpredictable?'
'Objection. Opinion.'
Judge Holmes looked toward the members. 'Is this a reasonable judgment to demand from the witness?'
Fowler twisted his mouth while he considered the question, then nodded. 'Yes. As a fleet officer of the deck, Lieutenant Sindh is qualified to make a judgment of that nature.'
'Objection overruled. The witness will answer the question.'
'Yes, ma'am. I would say the SASAL ship's behavior was unpredictable.'
'Do you believe it is reasonable to expect someone to plan for the unpredictable?'
Lieutenant Sindh managed a small smile. 'Uh, ma'am, it may not be reasonable, but in the fleet we're asked to do it all the time.'
Garrity rubbed her mouth for a moment, apparently unhappy with the last reply but unable to retract what had been said. 'Lieutenant Sindh, did you believe the Michaelson to be in danger when the SASAL ship came to a
